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Academic Entrepreneurship: How to Bring Your Scientific Discovery to a Successful Commercial Product
by Michele MarcolongoThe pathway to bringing laboratory discoveries to market is poorly understood and generally new to many academics. This book serves as an easy-to-read roadmap for translating technology to a product launch – guiding university faculty and graduate students on launching a start-up company.• Addresses a growing trend of academic faculty commercializing their discoveries, especially those supported by the National Science Foundation and National Institutes of Health• Offers faculty a pathway and easy-to-follow steps towards determining whether their discovery / idea / technology is viable from a business perspective, as well as how to execute the necessary steps to create and launch a start-up company• Has a light-hearted and accessible style of a step-by-step guide to help graduate students, post-docs, and faculty learn how to go about spinning out their research from the lab• Includes interviews by faculty in the disciplines of materials science, pharmaceuticals, medical devices, information technology, energy, and mechanical devices – offering tips and discussing potential pitfalls to be avoided
Academic ambassadors, Pacific allies: Australia, America and the Fulbright Program (Key Studies in Diplomacy)
by Alice Garner Diane KirkbyThis study is the first in-depth analysis of the Fulbright exchange program in a single country. Drawing on previously unexplored archives and oral history, the authors investigate the educational, political and diplomatic dimensions of a complex bi-national program as experienced by Australian and American scholars. The book begins with the postwar context of the scheme’s origins, moves through its difficult Australian establishment during the early Cold War, the challenges posed by the Vietnam War, and the impacts of civil rights and gender parity movements and late 20th century economic belt-tightening. How the program’s goal of ‘mutual understanding’ was understood and enacted across six decades lies at the heart of the book, which weaves institutional and individual experiences together with broader geopolitical issues. Bringing a complex and nuanced analysis to the Australia-US relationship, the authors offer fresh insights into the global significance of the Fulbright Program
Academic ambassadors, Pacific allies: Australia, America and the Fulbright Program (Key Studies in Diplomacy)
by Alice Garner Diane KirkbyThis study is the first in-depth analysis of the Fulbright exchange program in a single country. Drawing on previously unexplored archives and oral history, the authors investigate the educational, political and diplomatic dimensions of a complex bi-national program as experienced by Australian and American scholars. The book begins with the postwar context of the scheme’s origins, moves through its difficult Australian establishment during the early Cold War, the challenges posed by the Vietnam War, and the impacts of civil rights and gender parity movements and late 20th century economic belt-tightening. How the program’s goal of ‘mutual understanding’ was understood and enacted across six decades lies at the heart of the book, which weaves institutional and individual experiences together with broader geopolitical issues. Bringing a complex and nuanced analysis to the Australia-US relationship, the authors offer fresh insights into the global significance of the Fulbright Program
Abusive Practices in Competition Law (ASCOLA Competition Law series)
by Paul Nihoul; Iwakazu TakahashiAbusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant? Including analysis of the EU as well as individual nations such as the USA, Germany, France, Italy, China, Japan, Australia and developing countries, this book presents the state of the art in abusive practices in competition law research. Drawing on a variety of experiences from different jurisdictions, the authors answer the most fundamental questions concerning abusive practices, with a special focus placed on superior bargaining power, economic dependence and unconscionable conduct as thresholds for competition law interventions. Key areas such as market definition in platform markets, use of presumption in antitrust law, commitment procedures and aggregate concentration concerns are all discussed within this context. Essential reading for competition lawyers and economists, Abusive Practices in Competition Law gives comprehensive advice and insight for those dealing with antitrust concepts and practical cases of abusive conduct.
The Abusive Customer: Breaking the Silence Around Customers’ Aggressive Behavior
by Ivaylo YorgovBreaking the silence around an all-too-common problem, this book offers insights into the triggers of customer aggression against service employees, explores its consequences, and provides practical advice for handling abusive customers and mitigating the damage they inflict. Today, more than half of the world’s population is employed in the service sector. This fundamental economic shift is accompanied by heightened attention to customer service and the ‘customer is always right’ paradigm. But when customers act aggressively, everyone pays a price: frontline employees, their families, their companies, and even the abusive customers themselves. Unlike breezier titles on the subject, this book is based in academic research—exploring the ‘why?’ and ‘when?’ behind abusive behavior—that underpins its practical approach, illustrated with real-world stories from professionals on the front lines of customer service. The book’s useful tools include a sample anti-customer abuse policy and management process, a cheat sheet of practices that work for handling its consequences, a summary of effective service recovery processes and practices, and abuse-handling training list and curriculum templates. Managers and workers in customer-facing roles, in industries such as retail, hospitality, tourism, banking, and contact centers, will welcome this essential resource as part of their efforts to stop aggressive customer behavior, and improve employee morale, job satisfaction, and engagement.
The Abusive Customer: Breaking the Silence Around Customers’ Aggressive Behavior
by Ivaylo YorgovBreaking the silence around an all-too-common problem, this book offers insights into the triggers of customer aggression against service employees, explores its consequences, and provides practical advice for handling abusive customers and mitigating the damage they inflict. Today, more than half of the world’s population is employed in the service sector. This fundamental economic shift is accompanied by heightened attention to customer service and the ‘customer is always right’ paradigm. But when customers act aggressively, everyone pays a price: frontline employees, their families, their companies, and even the abusive customers themselves. Unlike breezier titles on the subject, this book is based in academic research—exploring the ‘why?’ and ‘when?’ behind abusive behavior—that underpins its practical approach, illustrated with real-world stories from professionals on the front lines of customer service. The book’s useful tools include a sample anti-customer abuse policy and management process, a cheat sheet of practices that work for handling its consequences, a summary of effective service recovery processes and practices, and abuse-handling training list and curriculum templates. Managers and workers in customer-facing roles, in industries such as retail, hospitality, tourism, banking, and contact centers, will welcome this essential resource as part of their efforts to stop aggressive customer behavior, and improve employee morale, job satisfaction, and engagement.
Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy (Oxford Comparative Constitutionalism)
by Rosalind Dixon David LandauLaw is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative "borrowing". But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy (Oxford Comparative Constitutionalism)
by David Landau Rosalind DixonLaw is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative "borrowing". But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Abuse of Rights in International Arbitration
by Ahmed El FarIn recent years, international arbitration has become plagued by different forms of substantive and procedural abuse. For example, we have witnessed a rise in cases where parties restructure their investments in an abusive manner by altering one of its features purely to gain access to ICSID arbitration. Similarly, the increasingly common practice of initiating parallel arbitral proceedings in order to maximise a partys chances of success, and the undesirable possibility of inconsistent decisions pose a risk to standards of fairness. Abusive practices designed by parties to prejudice their opponents may undermine the fair resolution of disputes and frustrate the administration of arbitral justice. There are pre-existing tools and legal rules that can be utilised to prevent abuse. However, these tools are inherently rigid in their application and fail to remedy all forms of abuse. Abuse of Rights in International Arbitration introduces the principle of abuse of rights and considers its application as a general principle of law to prevent different forms of substantive and procedural abuse in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle, which involves equity considerations, enjoys the flexibility of general principles of law, and can address different abusive behaviours. The author carefully examines the legal basis and core elements of abuse of rights and analyses the relevant case law to address how the principle may affect the administration of arbitral justice. Arguing for the application of abuse of rights as a general principle of law, the author expertly examines how it could apply in both international commercial and investment arbitration to tackle procedural misconduct and different abusive practices.
Abuse of Rights in International Arbitration
by Ahmed El FarIn recent years, international arbitration has become plagued by different forms of substantive and procedural abuse. For example, we have witnessed a rise in cases where parties restructure their investments in an abusive manner by altering one of its features purely to gain access to ICSID arbitration. Similarly, the increasingly common practice of initiating parallel arbitral proceedings in order to maximise a partys chances of success, and the undesirable possibility of inconsistent decisions pose a risk to standards of fairness. Abusive practices designed by parties to prejudice their opponents may undermine the fair resolution of disputes and frustrate the administration of arbitral justice. There are pre-existing tools and legal rules that can be utilised to prevent abuse. However, these tools are inherently rigid in their application and fail to remedy all forms of abuse. Abuse of Rights in International Arbitration introduces the principle of abuse of rights and considers its application as a general principle of law to prevent different forms of substantive and procedural abuse in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle, which involves equity considerations, enjoys the flexibility of general principles of law, and can address different abusive behaviours. The author carefully examines the legal basis and core elements of abuse of rights and analyses the relevant case law to address how the principle may affect the administration of arbitral justice. Arguing for the application of abuse of rights as a general principle of law, the author expertly examines how it could apply in both international commercial and investment arbitration to tackle procedural misconduct and different abusive practices.
Abuse of Process
by Colin WellsThe 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings. This title deals with the different procedural and factual situations that give rise to an abuse of process, covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate. Skeleton arguments are included for practical assistance. The third edition covers all recent important case law decisions, updating specific topic areas: · Case management (R v Boardman [2015] EWCA Crim 175) · Post-trial abuse (Tague [2015] EWHC 3576(Admin)) · Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott [2013] UKSC 32) · Linked civil proceedings (Clayton [2014] 2 Cr App R 20) · Disclosure Herbert Austin [2013] EWCA Crim 1028,(S)D and S(T) [2015] 2 Cr.App.R.27) · Entrapment (Wilson v The Queen [2015] NZSC 189) and Palmer [2015] Crim L R 153) · Delay and serious specific prejudice to a fair trial (R [2015] EWCA Crim 1941) · Destruction and retention of evidence (DPP v Petrie [2015] EWCA 48 (Admin); Spalluto [2015] EWHC 2211 (Admin) · Local authority prosecutions (Clayton [2014] EWCA Crim 1030) · Special measures (OP [2014] EWHC 1944 (Admin) · Legal representation (Crawley [2014] EWCA Crim 1028)
Abuse of Process
by Colin WellsThe 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings. This title deals with the different procedural and factual situations that give rise to an abuse of process, covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate. Skeleton arguments are included for practical assistance. The third edition covers all recent important case law decisions, updating specific topic areas: · Case management (R v Boardman [2015] EWCA Crim 175) · Post-trial abuse (Tague [2015] EWHC 3576(Admin)) · Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott [2013] UKSC 32) · Linked civil proceedings (Clayton [2014] 2 Cr App R 20) · Disclosure Herbert Austin [2013] EWCA Crim 1028,(S)D and S(T) [2015] 2 Cr.App.R.27) · Entrapment (Wilson v The Queen [2015] NZSC 189) and Palmer [2015] Crim L R 153) · Delay and serious specific prejudice to a fair trial (R [2015] EWCA Crim 1941) · Destruction and retention of evidence (DPP v Petrie [2015] EWCA 48 (Admin); Spalluto [2015] EWHC 2211 (Admin) · Local authority prosecutions (Clayton [2014] EWCA Crim 1030) · Special measures (OP [2014] EWHC 1944 (Admin) · Legal representation (Crawley [2014] EWCA Crim 1028)
Abuse of Process
by Colin WellsThe fourth edition of Abuse of Process is a practical guide for barristers and solicitors, advising on and litigating abuse of process applications within criminal proceedings. Written by practitioners for practitioners, the judiciary, and students, this book provides the tools for understanding and developing abuse of process arguments. It offers authoritative and comprehensive coverage of abuse of process arguments at all stages of criminal litigation from pre-charge to appellant level, both domestically and internationally including; the pre-charge investigation stage, forums, disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, the ability to participate, extradition, and regulatory proceedings. The fourth edition covers all recent important caselaw decisions, including updates on these specific topic areas; · Confiscation (R (Kambou) v WGCC [2020] 2 Cr.App.R.28) · Disclosure (E [2018] EWCA Crim 2426, Hewitt [2020] EWCA Crim 1247, Hamilton [2021] EWCA Crim 577 and Ambrose [2021] EWCA Crim 1443, · Entrapment (R v TL [2019] 1 Cr.App.R. 1) · Human trafficking (R v DS [2020] EWCA Crim 285 and R v A [2020] EWCA Crim 1408) · Jurisdiction (Mansfield v DPP [2021] EWHC 2938 Admin) · Legitimate expectation (Wokingham BC v Scott [2019] EWCA Crim 205 and R v Walters [2020] EWCA Crim 894) · Loss of evidence (PK [2019] EWCA Crim 1225, PR v R [2019] EWCA Crim 1225 and R v Bater-James [2020] EWCA Crim 790) · Private prosecutions (D Limited v A and others [2017] EWCA Crim 1172) · Unfair conduct (R v Soldier A and C (2020) NICC 6)
Abuse of Process
by Colin WellsThe fourth edition of Abuse of Process is a practical guide for barristers and solicitors, advising on and litigating abuse of process applications within criminal proceedings. Written by practitioners for practitioners, the judiciary, and students, this book provides the tools for understanding and developing abuse of process arguments. It offers authoritative and comprehensive coverage of abuse of process arguments at all stages of criminal litigation from pre-charge to appellant level, both domestically and internationally including; the pre-charge investigation stage, forums, disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, the ability to participate, extradition, and regulatory proceedings. The fourth edition covers all recent important caselaw decisions, including updates on these specific topic areas; · Confiscation (R (Kambou) v WGCC [2020] 2 Cr.App.R.28) · Disclosure (E [2018] EWCA Crim 2426, Hewitt [2020] EWCA Crim 1247, Hamilton [2021] EWCA Crim 577 and Ambrose [2021] EWCA Crim 1443, · Entrapment (R v TL [2019] 1 Cr.App.R. 1) · Human trafficking (R v DS [2020] EWCA Crim 285 and R v A [2020] EWCA Crim 1408) · Jurisdiction (Mansfield v DPP [2021] EWHC 2938 Admin) · Legitimate expectation (Wokingham BC v Scott [2019] EWCA Crim 205 and R v Walters [2020] EWCA Crim 894) · Loss of evidence (PK [2019] EWCA Crim 1225, PR v R [2019] EWCA Crim 1225 and R v Bater-James [2020] EWCA Crim 790) · Private prosecutions (D Limited v A and others [2017] EWCA Crim 1172) · Unfair conduct (R v Soldier A and C (2020) NICC 6)
The Abuse of Power: Confronting Injustice in Public Life
by Theresa MayAs Prime Minister for three years and Home Secretary for six years, Theresa May confronted a series of issues in which the abuse of power led to devastating results for individuals and significantly damaged the reputation of, and trust in, public institutions and politicians. From the Hillsborough and Grenfell tragedies, to the Daniel Morgan case and parliamentary scandals, the powerful repeatedly chose to use their power not in the interests of the powerless but to serve themselves or to protect the organisation to which they belonged.The Abuse of Power is a searing exposé of injustice and an impassioned call to exercise power for the greater good. Drawing on examples from domestic and international affairs she was personally involved in at the highest level, including Stop and Search and the Salisbury Poisonings, the former prime minister argues for a radical rethink in how we approach our politics and public life.
Abuse of EU Law and Regulation of the Internal Market
by Alexandre SaydéHow can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field.The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it.The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws.The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it.Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light.In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Abuse of EU Law and Regulation of the Internal Market
by Alexandre SaydéHow can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field.The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it.The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws.The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it.Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light.In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? (MPI Studies on Intellectual Property and Competition Law #5)
by Mark-Oliver Mackenrodt Beatriz Conde Gallego Stefan EnchelmaierAs part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008. The chapters in this volume critically appraise the Commission’s proposals, including the most recent ones. The authors also highlight the repercussions of the proposed ‘more economic approach’ to abuses of dominant positions on private litigants’ opportunities to bring damages actions in national courts for such abuses.
Abuse of Dominant Position and Globalization & Protection and Disclosure of Trade Secrets and Know-How (LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition)
by Pranvera Këllezi Bruce Kilpatrick Pierre KobelThis publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries.The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions.The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.
The Abuse of Constitutional Identity in the European Union (Oxford Studies in European Law)
by Julian ScholtesThe idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.
The Abuse of Constitutional Identity in the European Union (Oxford Studies in European Law)
by Julian ScholtesThe idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.
Abuse of Companies
by Hanne S. Birkmose Mette Neville Karsten Engsig SørensenWhether the corporate form is used to avoid liabilities or cover illegal acts, or whether abuse is practised to obtain certain advantages, the subject of this first-ever in-depth survey and analysis garners more attention every day – both in legal literature and in popular media. Taken together, the authoritative contributions in this book clearly and comprehensively reveal typical situations where abuse may take place and how company law and other areas of law have tackled these incidents and practices in a variety of key jurisdictions. Focusing on Europe but with global implications, the topics raised include the following: how group structures may be used by multinational enterprises to escape regulation and avoid taxation; whether the decision to incorporate a company in a particular jurisdiction may be abusive; companies set up for the purpose of money laundering; letterbox companies formed as a front to allow a company to benefit from one legal regime and avoid others; ex post transfers of seats such as cross-border mergers and conversions; when the use of phoenix companies may constitute an abuse of the corporate form; how corporate mobility is used to circumvent worker participation; and how online company formation and technological innovation may foster abuse. This book helps to explain how the line is drawn between abuse and (creative) use of the corporate form. Remedies covered include restricting the use of bearer shares, setting minimum capital requirements, piercing the corporate veil, ensuring transparency of beneficial ownership, using insolvency law to lodge claims against directors and shareholders and recover assets, and applying the general principle prohibiting abuse. There is no other book on the market focusing on abuse of companies and giving such a comprehensive analysis of the topic. Practitioners will get guidelines on how to avoid becoming involved in activities that may constitute abuse and how to address instances where abuse has occurred, and interested academics, legislators, and enforcement authorities in Europe and beyond will find this book’s perspectives invaluable.
Absolute Power: The Real Lives of Europe’s Most Infamous Rulers
by CS Denton"Nearly all men can stand adversity, but if you want to test a man's character, give him power"-Abraham LincolnThroughout history, all monarchs have lived with the strange dichotomy of simultaneously being human and more than human. In our time, when monarchies seem little more than tourist curiosities and democracy is taken for granted, it is easy to forget just how much power pre-democratic rulers once wielded.The rulers and holders of political power in this book were all possessed of vast - in many cases, absolute - power: power which was often exercised arbitrarily and unjustly.What unites the figures in this book is that they all, in one way or another, failed to live up to the extravagantly high hopes invested in them and, as a consequence, have been judged harshly by history.A few, such as George III, might have been remembered more kindly were it not for mental illness changing their status from that of hero to villain. Some, like Louis XVI, were unfairly transformed into monsters by hostile propaganda, while others, such as Peter the Great, have been both celebrated as heroes and denounced as tyrants, often in the same breath. Finally, there are those rulers who, like Caligula or Ivan the Terrible, may well fully deserve their evil reputations.Absolute Power is a study in how often rulers were carried away or overwhelmed by their exalted status, while a few were even driven over the edge into madness.
Absolute Poverty and Global Justice: Empirical Data - Moral Theories - Initiatives (Law, Ethics and Economics)
by Michael Schramm Thomas PoggeAbsolute poverty causes about one third of all human deaths, some 18 million annually, and blights billions of lives with hunger and disease. Developing universalizable norms aimed at tackling absolute poverty and the complex and multilayered problems associated with it, this book considers the levels, trends and determinants of absolute poverty and global inequality. Examining whether much faster progress against absolute poverty is possible through reductions in national and global inequalities that produce economic growth for poor countries and households, this book suggests that diverse moral views imply that international agencies as well as the citizens, corporations and governments of affluent countries bear a moral responsibility to reduce absolute poverty. In considering strategies of eradication through specific policies and structural reforms it is argued that because of its moral importance and requirement for only modest efforts and resources, the goal of overcoming absolute poverty must be given much higher political priority by international agencies and governments of affluent countries. Suggesting that these agencies should be encouraged to facilitate and promote new initiatives, this book concludes with a discussion of how such initiatives might be realized.
Absolute Poverty and Global Justice: Empirical Data - Moral Theories - Initiatives (Law, Ethics and Economics)
by Michael Schramm Thomas PoggeAbsolute poverty causes about one third of all human deaths, some 18 million annually, and blights billions of lives with hunger and disease. Developing universalizable norms aimed at tackling absolute poverty and the complex and multilayered problems associated with it, this book considers the levels, trends and determinants of absolute poverty and global inequality. Examining whether much faster progress against absolute poverty is possible through reductions in national and global inequalities that produce economic growth for poor countries and households, this book suggests that diverse moral views imply that international agencies as well as the citizens, corporations and governments of affluent countries bear a moral responsibility to reduce absolute poverty. In considering strategies of eradication through specific policies and structural reforms it is argued that because of its moral importance and requirement for only modest efforts and resources, the goal of overcoming absolute poverty must be given much higher political priority by international agencies and governments of affluent countries. Suggesting that these agencies should be encouraged to facilitate and promote new initiatives, this book concludes with a discussion of how such initiatives might be realized.